Nahla and her father Gabriel Aubry head to a Halloween festival in Studio City Photo: Fern / Splash News

He’s not giving up without a fight.

Halle Berry’s baby daddy Gabriel Aubry is rushing to family court today, seeking to lift the order of protection that prohibits him from seeing his 4-year-old daughter Nahla, reports TMZ.

The gossip site reports that the actress’ lawyers will be in court this morning to oppose her ex’s motion.

Berry had obtained the emergency order of protection after his bloody Thanksgiving brawl with Olivier Martinez. The Canadian model is to stay at least 100 yards away from her, Nahla and Martinez. The order is in effect until Dec. 3.

Yesterday, Aubry was granted an emergency restraining order against Martinez even though he was the one arrested after fighting with French actor.

Tension between Martinez and Aubry has soared since Berry tried to take Nahla to France to live with her and Martinez.